Assigned to GOV AS
PASSED BY HOUSE
Assigned to GOV AS
PASSED BY HOUSE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
independent redistricting commission; membership
(NOW: membership; independent redistricting commission)
As passed the Senate, S.C.R. 1034, subject to voter approval, constitutionally alters the Independent Redistricting Commission (IRC).
The House of Representatives adopted a strike everything amendment that does the following:
Purpose
Subject to voter approval, constitutionally alters the membership and appointment process of the Fair and Independent Redistricting (FAIR) Commission .
Background
With the approval of Proposition 106 at the 2000 General Election, the job of drawing Arizona’s congressional and legislative district lines was transferred from the Legislature to the five-member IRC. The Commission on Appellate Court Appointments (Appellate Commission) nominates a pool of 25 applicants who are required to meet specific criteria regarding geographic representation, political affiliation, and political employment and activity. The first four members are selected in succession by each of the four caucus leaders at the Legislature, with those four Commissioners then selecting a fifth person from the pool of applicants that does not have a party affiliation to serve as the chair of the IRC (Ariz. Const. art. 4, pt. 2, § 1).
The IRC begins the mapping process by creating districts of equal population in a grid-like pattern across Arizona. Adjustments to the districts are made to accommodate compliance with the U.S. Constitution and the Voting Rights Act and to the extent practicable, the following five goals: 1) equal population for the congressional districts and equal population for the state legislative districts; 2) geographic compactness and contiguousness; 3) boundaries that must respect communities of interest; 4) use of visible geographic features, city, town and county boundaries and undivided census tracts; and 5) favoring the creation of competitive districts without significant detriment to the other goals (Ariz. Const. art. 4, pt. 2, § 1).
The Appellate Commission is established in the Arizona Constitution. The Appellate Commission consists of the Chief Justice of the Arizona Supreme Court as an ex officio member and chairman of the Appellate Commission, five attorney members and ten non-attorney members, all of which are appointed by the Governor with advice and consent of the Senate in the manner prescribed by law (Ariz. Const. art. 6, § 36).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the FAIR Commission to consist of nine members, rather than five.
2. Specifies that the FAIR Commission must be established by March 15, rather than February 28, of each year ending in one.
3. Requires the Appellate Commission to nominate a pool of 30 candidates, rather than 25 candidates, to be considered for appointment to the FAIR Commission.
4. Specifies that 10 candidates, rather than 5 candidates, should not be registered with either of the state's two largest political parties.
5. Requires, in addition to current appointment procedures for the first four members of the FAIR Commission, that subsequent appointments be made in the following manner:
a) the fifth member be jointly appointed by the highest ranking officers of the Senate and the House of Representatives who are of the same political party;
b) the sixth member be jointly appointed by the minority party leader of the Senate and the highest ranking officer of the House of Representatives who are of the same political party;
c) the seventh, eighth and final members by the other six appointed commissioners.
6. Requires the seventh, eighth and final members to be selected from the nomination pool who are not registered with any party already represented on the FAIR Commission.
7. Stipulates that the final selected member shall serve as chair of the FAIR Commission.
8. Stipulates that if the members of the FAIR Commission fail to appoint a seventh, eighth and final member within 15 days of a meeting called by the Secretary of State, then these members must be selected by the Appellate Commission.
9.
Prohibits the largest state
legislative district by population from exceeding the population of the
smallest state legislative district by more than two percent.
10. Designates the FAIR Commission as a public body subject to open meeting laws.
11. Specifies that five members of the FAIR Commission, whether or not the chair or vice chair is present, constitute a quorum.
12. Requires that a vacancy in the first six positions remaining as of March 15, rather than March 1, be filled by the Appellate Commission from the pool of nominees.
13. Clarifies that an appointment to fill a vacancy of a new chairperson or other commissioner, originally appointed by commission members must be made by the remaining commissioners.
14. Specifies that no more than three members of the FAIR Commission may be of the same political party.
15. Requires membership of the FAIR Commission to be ranked by population in the following manner:
a) four members from the most populous county;
b) two members from the second most populous county;
c) two members from any of the remaining counties, provided that both are from different counties; and
d) the final member from any county.
16. Renames the Independent Redistricting Commission as the Fair and Independent Redistricting Commission.
17. Asserts that this constitutional amendment will be known as the Fair and Independent Redistricting (F.A.I.R.) Commission Act of 2018.
18. Makes technical and conforming changes.
19. Contains a legislative findings clause.
20. Requires the Secretary of State to submit the proposition to the voters at the next General Election.
21. Becomes effective if approved by the voters and on proclamation of the Governor.
Amendments Adopted by the House of Representatives
1. Adopted the strike everything amendment.
2. Makes clarifications to the appointment process when a vacancy occurs to a position filled by the commission members.
3. Renames the IRC as the FAIR Commission and asserts that this Act shall be known as the F.A.I.R. Commission Act of 2018.
4. Adds a legislative findings clause.
House Action
GOV 3/22/18 DPA/SE 4-3-0-1
3rd Read 5/2/18 32-25-3
Prepared by Senate Research
May 2, 2018
JO/ZD/lat